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28: Repeals and savings
or “This part explains how the new fencing rules replace old ones but don't mess up unfinished fencing matters”
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“Examples of paperwork for telling neighbours about fence plans”

The Fencing Act 1978 includes forms that you can use when dealing with fences between properties. The first form is a fencing notice. You can use this to tell your neighbour that you want to build or fix a fence between your properties. In the notice, you need to describe the fence, how it will be built, how much it might cost, and when the work will start. You also need to explain how you’ll pay for it. Your neighbour has 21 days to disagree with your plans or tell you if someone else is responsible for the fence.

The second form is called a cross-notice. You can use this if you don’t agree with your neighbour’s fencing notice. In the cross-notice, you need to explain what parts of their plan you don’t like. You can also suggest your own ideas for the fence. If you and your neighbour can’t agree on what to do, you might need to go to the District Court to sort it out.

These forms are just examples to help you understand what information you need to include. You don’t have to use these exact forms, but the information you give should be similar. Remember, it’s important to be clear about what you want to do with the fence and to give your neighbour a chance to respond.

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Next up: Schedule 2: Specimen types of fence

or “Examples of different fence types you might see”
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1Forms

1Fencing notice Empowered by s 10

(Use of this form is not obligatory but it is given as a guide to the type of information that should be included in a fencing notice.)

To [owner, or occupier by virtue of a tenancy for not less than 10 years certain, of [address], Dunedin, or Broadacres Farm, Taradale.]

Please take notice that I desire that a/the fence be erected (or repaired) between your said property and my adjoining property at [number, street] (or Greenmeadows Farm) in accordance with the following particulars:

  • Further description of boundary to be fenced.
    1. Type of fence. [If desired specify one of the specimen fences in Schedule 2 of the Fencing Act 1978, or specify any other type desired.]
      1. Method of construction. (Eg, by a contractor, or by one neighbour, or by both neighbours.)
        1. Estimated total cost. (To be shared half each [or, if different shares are proposed, specify those shares].)
          1. How materials to be purchased or supplied and how paid for.
            1. Date for commencement of work.

                1. Within 21 days after the date of the receipt of this notice you may object to any of the above particulars and make your counter-proposals.

                Within the same time, if you claim you are not liable to pay for fencing, you may notify me accordingly and supply the name and address of the person who is liable for fencing in connection with your property.

                If no objection is received I will proceed with the fencing in accordance with this notice, and you will be deemed to have agreed to the proposals set out in this notice, and will be liable to share the cost accordingly.

                This notice is given under the Fencing Act 1978.

                 

                Date:

                Signature:

                2Cross-notice Empowered by s 11

                (A cross-notice must be in this form or to the like effect.)

                To [specify the giver of the original notice.]

                Please take notice that I object to your notice to fence dated [date].

                The particulars of my objection are as follows:

                [Set forth the proposals to which objection is made. If objection is made to all the proposals a statement to this effect will suffice.]

                * I make the following counter-proposals:

                [Set forth any counter-proposals with the same particularity as is required in the case of a fencing notice.]

                This notice is given under the Fencing Act 1978, which provides that, if we are unable to agree regarding the particulars to which objection is taken by this cross-notice and the counter-proposals that are made by this cross-notice, the matters in dispute may be determined by the District Court.

                Date:

                Signature:

                *Delete if no counter-proposals are proposed.